By: West  S.B. No. 158
         (In the Senate - Filed November 10, 2014; January 27, 2015,
  read first time and referred to Committee on Criminal Justice;
  April 20, 2015, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 4, Nays 3; April 20, 2015,
  sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 158 By:  Whitmire
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to a body worn camera program for certain law enforcement
  agencies in this state; creating a criminal offense; authorizing a
  fee.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 1701, Occupations Code, is amended by
  adding Subchapter N to read as follows:
  SUBCHAPTER N. BODY WORN CAMERA PROGRAM
         Sec. 1701.651.  DEFINITIONS. In this subchapter:
               (1)  "Body worn camera" means a recording device that
  is:
                     (A)  capable of recording, or transmitting to be
  recorded remotely, video or audio; and
                     (B)  worn on the person of a peace officer, which
  includes being attached to the officer's clothing or worn as
  glasses.
               (2)  "Department" means the Department of Public Safety
  of the State of Texas.
               (3)  "Private space" means a location in which a person
  has a reasonable expectation of privacy, including a person's home.
         Sec. 1701.652.  GRANTS FOR BODY WORN CAMERAS. (a)  A police
  department of a municipality in this state, a sheriff of a county in
  this state, or the department may apply to the office of the
  governor for a grant to equip peace officers with body worn cameras
  if that law enforcement agency employs officers who:
               (1)  are engaged in traffic or highway patrol or
  otherwise regularly detain or stop motor vehicles; or
               (2)  are primary responders who respond directly to
  calls for assistance from the public.
         (b)  The office of the governor shall set deadlines for
  applications for grants under this chapter.
         (c)  Except as provided by Subsection (d), the office of the
  governor shall create and implement a matching grant program under
  which matching funds from federal, state, local, and other funding
  sources may be required as a condition of the grant.  A law
  enforcement agency that receives a grant under this section is
  required to match 25 percent of the grant money.
         (d)  The department is eligible for grants under this
  subchapter but may not be made subject to any requirement for
  matching funds.
         (e)  The governor's office may conditionally award a grant to
  a law enforcement agency that has not adopted and implemented the
  policy under Section 1701.655 or implemented the training required
  under Section 1701.656, but money may not be disbursed to a law
  enforcement agency until the agency fully complies with those
  sections.
         Sec. 1701.653.  REPORTING. (a)  As a condition of receiving
  a grant under this subchapter, a law enforcement agency annually
  shall report to the commission regarding the costs of implementing
  a body worn camera program, including all known equipment costs and
  costs for data storage.
         (b)  The commission shall compile the information submitted
  under Subsection (a) into a report and submit the report to the
  office of the governor and the legislature not later than December 1
  of each year.
         Sec. 1701.654.  INTERAGENCY OR INTERLOCAL CONTRACTS.  A law
  enforcement agency in this state may enter into an interagency or
  interlocal contract to receive body worn camera services and have
  the identified operations performed through a program established
  by the Department of Information Resources.
         Sec. 1701.655.  BODY WORN CAMERA POLICY. (a)  A law
  enforcement agency that receives a grant to provide body worn
  cameras to its peace officers or that otherwise operates a body worn
  camera program shall adopt a policy for the use of body worn
  cameras.
         (b)  A policy described by Subsection (a) must ensure that a
  body worn camera is activated only for a law enforcement purpose and
  must include:
               (1)  guidelines for when a peace officer should
  activate a camera or discontinue a recording currently in progress,
  considering the need for privacy in certain situations and at
  certain locations;
               (2)  provisions relating to data retention, including a
  provision requiring the retention of video for a minimum period of
  90 days;
               (3)  provisions relating to storage of video and audio,
  creation of backup copies of the video and audio, and maintenance of
  data security;
               (4)  guidelines for public access, through open records
  requests, to recordings that are public information;
               (5)  provisions entitling an officer to access any
  recording of an incident involving the officer before the officer
  is required to make a statement about the incident;
               (6)  procedures for supervisory or internal review; and
               (7)  the handling and documenting of equipment and
  malfunctions of equipment.
         (c)  A policy described by Subsection (a) may not require a
  peace officer to keep a body worn camera activated for the entire
  period of the officer's shift.
         (d)  A policy adopted under this section must be consistent
  with the Federal Rules of Evidence and Texas Rules of Evidence.
         Sec. 1701.656.  TRAINING. (a)  Before a law enforcement
  agency may operate a body worn camera program, the agency must
  provide training to:
               (1)  peace officers who will wear the body worn
  cameras; and
               (2)  any other personnel who will come into contact
  with video and audio data obtained from the use of body worn
  cameras.
         (b)  The commission, in consultation with the department,
  the Bill Blackwood Law Enforcement Management Institute of Texas,
  the W. W. Caruth Jr. Police Institute at Dallas, and the Texas
  Police Chiefs Association, shall develop or approve a curriculum
  for a training program under this section.
         Sec. 1701.657.  RECORDING INTERACTIONS WITH THE PUBLIC.
  (a)  A peace officer equipped with a body worn camera shall act in a
  manner that is consistent with the policy of the law enforcement
  agency that employs the officer with respect to when and under what
  circumstances a body worn camera must be activated.
         (b)  A peace officer equipped with a body worn camera may
  choose not to activate a camera or may choose to discontinue a
  recording currently in progress for any nonconfrontational
  encounter with a person, including an interview of a witness or
  victim.
         (c)  A peace officer who does not activate a body worn camera
  in response to a call for assistance must include in the officer's
  incident report or otherwise note in the case file or record the
  reason for not activating the camera.
         (d)  Any justification for failing to activate the body worn
  camera because it is unsafe, unrealistic, or impracticable is based
  on whether a reasonable officer under the same or similar
  circumstances would have made the same decision.
         Sec. 1701.658.  USE OF PERSONAL EQUIPMENT. (a)  If a law
  enforcement agency receives a grant under this subchapter, a peace
  officer who is employed by the agency and who is on duty may only use
  a body worn camera that is issued and maintained by that agency.
         (b)  Notwithstanding any previous policies, an agency may
  not allow its peace officers to use privately owned body worn
  cameras after receiving a grant under this subchapter.
         (c)  A peace officer who is employed by a law enforcement
  agency that has not received a grant or who has not otherwise been
  provided with a body worn camera by the agency that employs the
  officer may operate a body worn camera that is privately owned only
  if permitted by the employing agency.
         (d)  An agency that authorizes the use of privately owned
  body worn cameras under Subsection (c) must make provisions for the
  security and compatibility of the recordings made by those cameras.
         Sec. 1701.659.  OFFENSE. (a)  A peace officer or other
  employee of a law enforcement agency commits an offense if the
  officer or employee releases a recording created with a body worn
  camera under this subchapter without permission of the applicable
  law enforcement agency.
         (b)  An offense under this section is a Class A misdemeanor.
         Sec. 1701.660.  RECORDINGS AS EVIDENCE. (a)  Except as
  provided by Subsection (b), a recording created with a body worn
  camera and documenting an incident that involves the use of deadly
  force by a peace officer or that is otherwise related to an
  administrative or criminal investigation of an officer may not be
  deleted, destroyed, or released to the public until all criminal
  matters have been finally adjudicated and all related
  administrative investigations have concluded.
         (b)  A law enforcement agency may release to the public a
  recording described by Subsection (a) if the law enforcement agency
  determines that the release furthers a law enforcement purpose.
         (c)  This section does not affect the authority of a law
  enforcement agency to withhold under Section 552.108, Government
  Code, information related to a closed criminal investigation that
  did not result in a conviction or a grant of deferred adjudication
  community supervision.
         Sec. 1701.661.  RELEASE OF INFORMATION RECORDED BY BODY WORN
  CAMERA. (a)  Except as otherwise provided by this section and by
  Section 1701.660, information recorded by a body worn camera and
  held by a law enforcement agency under this subchapter is public
  information subject to Chapter 552, Government Code.
         (b)  A recording that concerns an incident under
  investigation is excepted from the requirements of Chapter 552,
  Government Code, and may be:
               (1)  used by the applicable law enforcement agency only
  for purposes of:
                     (A)  detecting, investigating, or prosecuting
  crime; or
                     (B)  investigating an allegation of misconduct by
  a peace officer; or
               (2)  released to the public if the law enforcement
  agency determines that the release furthers a law enforcement
  purpose.
         (c)  A recording made in a private space or during a
  pedestrian or traffic stop may not be released without written
  authorization from the person who is the subject of the recording
  or, if the person is deceased, from the person's authorized
  representative.
         (d)  A law enforcement agency shall release to a member of
  the public a recording that is not otherwise confidential or
  excepted from disclosure under this section on that person's
  written request and payment of any required fee.  The written
  request must include all of the following:
               (1)  the date and approximate time of the recording;
               (2)  the specific location where the recording
  occurred; and
               (3)  the name of each person known to be a subject of
  the recording.
         (e)  Before releasing any information to a member of the
  public, a law enforcement agency shall redact any information made
  confidential under this subchapter or any other law or excepted
  from disclosure under Chapter 552, Government Code.
         (f)  The attorney general shall set a proposed fee to be
  charged to members of the public who seek to obtain a copy of a
  recording under this section.  The fee amount must be sufficient to
  cover the cost of making the recording. A law enforcement agency
  may provide a copy without charge or at a reduced charge if the
  agency determines that waiver or reduction of the charge is in the
  public interest.
         Sec. 1701.662.  BODY WORN CAMERA RECORDINGS; REQUEST FOR
  ATTORNEY GENERAL DECISION. (a)  Notwithstanding Section
  552.301(b), Government Code, a governmental body's request for a
  decision from the attorney general about whether a requested body
  worn camera recording falls within an exception to public
  disclosure is considered timely if made not later than the 20th
  business day after the date of receipt of the written request.
         (b)  Notwithstanding Section 552.301(d), Government Code, a
  governmental body's response to a requestor regarding a requested
  body worn camera recording is considered timely if made not later
  than the 20th business day after the date of receipt of the written
  request.
         (c)  Notwithstanding Section 552.301(e), Government Code, a
  governmental body's submission to the attorney general of the
  information required by that subsection regarding a requested body
  worn camera recording is considered timely if made not later than
  the 25th business day after the date of receipt of the written
  request.
         (d)  Notwithstanding Section 552.301(e-1), Government Code,
  a governmental body's submission to a requestor of the information
  required by that subsection regarding a requested body worn camera
  recording is considered timely if made not later than the 25th
  business day after the date of receipt of the written request.
         Sec. 1701.663.  PRODUCTION OF BODY WORN CAMERA RECORDING IN
  RESPONSE TO VOLUMINOUS PUBLIC INFORMATION REQUESTS.
  (a)  Notwithstanding Section 552.221(d), Government Code, an
  officer for public information who is employed by a governmental
  body and who receives a voluminous request for body worn camera
  recordings is considered to have promptly produced the information
  for purposes of Section 552.221, Government Code, if the officer
  takes the actions required under Section 552.221 before the 21st
  business day after the date of receipt of the written request.
         (b)  For purposes of this section, "voluminous request"
  includes:
               (1)  a request for body worn camera recordings from
  more than five separate incidents;
               (2)  more than five separate requests for body worn
  camera recordings from the same individual or entity in a 24-hour
  period, regardless of the number of incidents included in each
  request; or
               (3)  a request or multiple requests from the same
  person in a 24-hour period for body worn camera recordings that,
  taken together, constitute more than five total hours of video
  footage.
         SECTION 2.  (a)  The Texas Commission on Law Enforcement, in
  consultation with the Department of Public Safety, the Bill
  Blackwood Law Enforcement Management Institute of Texas, the W. W.
  Caruth Jr. Police Institute at Dallas, and the Texas Police Chiefs
  Association, shall develop or approve a curriculum for the training
  program required under Section 1701.656, Occupations Code, as added
  by this Act, not later than January 1, 2016.
         (b)  A law enforcement agency operating a body worn camera
  program on the effective date of this Act may submit any existing
  policy of the agency regarding the use of body worn cameras to the
  Texas Commission on Law Enforcement to determine whether the policy
  complies with Section 1701.655, Occupations Code, as added by this
  Act.
         (c)  Notwithstanding Sections 1701.655 and 1701.656,
  Occupations Code, as added by this Act, a law enforcement agency
  operating a body worn camera program on the effective date of this
  Act is not required to adopt or implement a policy that complies
  with Section 1701.655 or implement the training program required
  under Section 1701.656 before September 1, 2016.
         SECTION 3.  This Act takes effect September 1, 2015.
 
  * * * * *